Program Manager Contracts

KUNIHIKO PHILLIP ISHIKAWA, ESQ.

****@********.*** https://www.linkedin.com/in/kunihiko-ishikawa-14715032 Tel: 301-***-****

Contracts & Legal Leadership & Experience

Accomplished professional with specialized backgrounds in law, contracts & procurement management, audit & compliance, intellectual property, risk management/mitigation, and science & technology management, applied within dynamic and multi-faceted enterprises of various types, sizes, and industries, including government, military, for-profit, and non-profit entities. Apt comprehension of legal, audit/compliance, contractual, and risk management regimes, with an added appreciation of real-world impacts on actual operations. Able to process and reconcile often conflicting requirements, implement process improvements, and interpret results to fully inform the highest-level executive decision-making processes, with leadership & experience to excel in a broad spectrum of industries, cultures, and environments, to great and immediate impact. Attained status as a qualified client accredited investor in AI, robotics, space, and other emerging ventures.

Experience Overview

Contracts, Legal, Compliance, M&A: career-wide but especially the U.S. Department of the Navy & Marine Corps, Kellogg Brown & Root (“KBR”), Lockheed Martin Pacific Architects & Engineers (“PAE”), Advanced BioScience Laboratories, Inc. (“ABL”), comScore, Inc., Federal Aviation Administration (“FAA”) (Contractor), the United States Executive Office of the President (“EOP”), and the National Institutes of Health.

Intellectual Property, Patenting, Material & Tech Transfers: British Nuclear Fuels, Ltd., Bechtel National, Inc., and ABL.

Corporate Governance, Due Diligence, CPSR, EAR, FCPA, GDPR, Privacy: KBR, PAE, ABL, Tribalco, and comScore.

Cost Reduction, Process Improvement, Risk Management/Mitigation, Indemnification, Procurement & Source Selection, Quality Enhancement: U.S. Navy & Marine Corps, KBR, PAE, Pew Charitable Trusts, ABL, Tribalco, FAA, and EOP.

International Source Selections and Acquisitions: Bechtel International Systems (Iraq), KBR, PAE, and ABL.

Small Business: Bechtel National, Inc., ABL, EOP, and the U.S. National Institutes of Health.

Professional Experience

Health & Human Services, Administration for Strategic Preparedness & Response/ Biomedical Advanced Research & Development Authority, Washington, D.C. July 2024 ~ Present

Lead Contract Specialist/Team Lead (Federal Employee):

Approached by and promoted by ASPR/BARDA and promoted to GS14 Lead Contract Specialist; ASPR/BARDA had been seeking to fill the position since 2021.

Stood in for Branch Chief at the end of Calendar Year 2024 when there was still the potential for a Government Shutdown. Completed all remaining requirements and obtained all approvals for Embryonated Egg Supply (for Non-Seasonal Production of Pandemic Vaccine) solicitation so that the RFP could be released prior to then-impending Government Shutdown. Procurement was considered a critical national security & health action, with visibility up to the HHS Secretary, which had to be released timely.

Tasked to assist in HHS OGC review of a court-ordered temporary restraining order which addressed recent executive orders and OMB guidance related to terminations of contracts, tasks, and delivery orders and pauses of payment; comments and responses deemed “helpful.”

HHS/ASPR/BARDA lead for review & approval of policies that address dealings with venture capital emerging technology innovators in medical countermeasures space; leads or advises negotiations with early-stage enterprises on basically commercial terms, free of traditional Government requirements, under HHS other transaction authority.

National Heart, Lung, and Blood Institute; Bethesda, Maryland January 2024 ~ July 2024

Contract Specialist (Federal Employee):

Performed highly specialized and complex contract award and administration work on research & development contracts, serving as a senior contract specialist and lead negotiator.

Responsible for acquisition planning, preparation of price/cost analysis, development of negotiation objectives, and formulation of negotiation strategies on all kinds of contract types, i.e., simplified acquisition, fixed price, etc., but especially complex research & development cost contracts, sometimes where little or no contractual precedent existed.

The U.S. National Institutes of Health; Bethesda, Maryland July 2021 ~ January 2024

Procurement Analyst (Federal Employee), Office of Acquisition Management & Policy:

Served within the NIH Enterprise Document Generation System (“DGS”) Team, helping oversee contractors that provide operations & maintenance, independent verification & validation, and website support services.

Support, often in lead roles, key Policy initiatives. Recently drove to completion the finalization of Public Health Service Exclusion language, also led examination of CURES Act Congruence requirements in relation to Animal Welfare stipulations in NIH contracts, the plausibility of streamlining Clinical Trials & Human Subject protections, and Data Management & Sharing requirements.

Developed expertise in the 21st Century CURES Act, revised Common Rule, Clinical Trials & Human Subject Protections, and NIH Data Management Policies.

Created and maintained Policy and Program Status Tracking presentation which identified and tracked all DGS-related initiatives, including all of the above activities, identifying items by name, background/history, primary & secondary objectives, risks & means of mitigation, status updates, future actions/activities, and dates due.

Completed the 2021 NIH Ethical & Regulatory Aspects of Clinical Research course, attaining an 88% completion score, to reinforce understanding of the ethics of informed consent in a clinical trials and human subjects context.

Completed 2022 OALM Mentoring Program and then selected for and completed NIH-wide 2023 Mid-Level Leadership Program.

Recognized with incentive awards in calendar years 2021, 2022, and 2023 with ratings of More Than Expected to Outstanding Results.

United States Executive Office of the President; Washington, District of Columbia December 2019 ~ July 2021

Procurement Analyst (Federal Employee):

Competitively Selected Federal Government employee assigned to White House Campus, served as acting senior Procurement Analyst after departure of immediate supervisor.

Applied subject-matter-expertise in development of procurement policies and procedures.

Assisted Chief Financial Officer (political appointee), and Director (GS15), Procurement & Contract Management Division, in the review, development, research, preparation, and publishing of all contracting policies and procedures, based on guidance from Presidential Executive Orders, the General Accounting Office, the Office of Federal Procurement Policy, the Office of Management & Budget, and legislative directives; reviewed proposed changes to the immediately preceding to determine impact on EOP operations.

Participated in Program Management Reviews and led audits to ensure compliance with current policies.

Mentored entry and journeymen-level staff.

Resolved complex problems not directly addressed by existing regulations or procedures and which require elevation to and decisions by higher authority including political leadership.

Received individual cash award bonus in calendar year 2020.

Savi Solutions, Inc.; Washington, District of Columbia November 2018 ~ November 2019

Senior Acquisition Support Analyst on site at U.S. Department of Transportation, Federal Aviation Administration:

Subject Matter Expert located on Government Site, Federal Aviation Administration (“FAA”) headquarters, AJW-28 Implementation Services Group Program Management Office, providing acquisition & procurement support for re-compete of existing prime contract, the National Airspace System (“NAS”) Integration Support Contract III (“NISC III”), which was succeeded by NISC IV in 2020 as a Cost-Plus Award Fee (“CPAF”) action with an estimated value of at least US$2.0 Billion over ten (10) years.

Responsible for assisting in the generation and release of the NISC IV Screening Information Request (“SIR”) document and required support/substantiation, such as the Business Case, Statement of Objective(s)/Work, Special Contract Requirements, Instructions to Bidders, and Evaluation Criteria. Progressed all documents in midst of record thirty-five (35) day partial Government shutdown.

Provide input, comment, and review for the Acquisition Strategy Review Board and Support Contract Review Board packages prior to submission to FAA Contracting Officer and Chief Financial Officer (political appointee) for SIR approval prior to release.

Cydecor, Inc.; Arlington, Virginia September ~ November 2018

Contracts Manager:

Responsible for administration of U.S. Navy Prime Contracts, Task Orders, and Subcontracts.

Also handled invoicing and timesheet corrections related to acquisition of a new line of business which was unable to issue invoices for more than one quarter, compounding cashflow issues.

Global Tech, Inc.; Arlington, Virginia December 2017 ~ May 2018

Contracts Manager:

Managed day-to-day operations of the Contracts Department, including Prime Contracts, Subcontracts, and the negotiations of business development requirements such as Non-Disclosure and Teaming Agreements. Ensured flow-down of all prime contract requirements, worked in Firm, Fixed-Price (“FFP”) and Time & Material (“T&M”) formats only, and performed overall contract compliance.

comScore, Inc.; Reston, Virginia July ~ October 2017

Robert Half Legal Contract Attorney, Contract Administration, Compliance, and Corporate Governance:

Managed negotiation and administration of contracts for Government and pharmaceutical sector and related subcontracts, addressing data privacy, indemnification, and intellectual property; negotiated key agreements with major social media networking enterprises such as then-Twitter.

Responsible for assisting implementation of various forms of compliance such as anti-corruption, OFAC Foreign Corrupt Practices (“FCPA”), insider trading, and additional corporate governance and other compliance conditions, as negotiated and agreed to in the tentative settlement of multiple shareholder derivative action lawsuits and U.S. Securities & Exchange Commission settlement requirements.

Reviewed draft Export Control application for encrypted software as part of proposed Apple iPhone application and ascertained that subject encryption mechanism did not require export licensing. Also completed Microsoft Supplier Data Protection Requirements document to complete and submit comScore’s Microsoft Supplier Security & Privacy Assurance (SSPA) Program response to help maintain comScore’s status as a Microsoft Preferred Supplier.

Tribalco, LLC; Bethesda, Maryland January ~ June 2017

Director, Contracts & Compliance, and Associate General Counsel:

Managed contracts staff in negotiation & administration of Government prime contracts, related subcontracts in CPFF, FFP, and T&M formats, consultant/personal labor-hour (“LH”) agreements, and non-disclosure and teaming agreements. Source selection activities included evaluation of bidders for past performance, technical capabilities, financial capacity, and overall wherewithal as part of overall bid/evaluate/award process.

Managed non-standard and high-risk corporate functions, such as cure notices, security breaches, and all insurance needs; also monitored overall corporate compliance in areas of Export Administration Regulations and Foreign Corrupt practices. Ensured flow-down of all prime contract FAR and Supplemental requirements.

Negotiated indemnification against infringement of third-party intellectual property rights with software innovators such as Etherstack, ExtraHop Networks, MobileIron, Nutanix, Rubrik, and Ruckus Wireless, and distributors such as the immixGroup.

Advanced BioScience Laboratories, Inc.; Rockville, Maryland December 2012 ~ January 2017

Senior Manager for Contracts, In-House Counsel for Intellectual Property and Technology Transfer:

Led staff in management of all prime contracts, subcontracts, and other agreements, including non-disclosure, material evaluation, material transfer, patent licensing, and cooperative research & development agreements. Contracts Lead in concert with Program Management and Scientific Staff in all source selection activities, performance risk evaluations, and the implementation of mitigation strategies to ensure performance. Major clients included the National Institutes of Health (“NIH”) and the Biomedical Advanced Research & Development Authority (“BARDA”), as well as internationally prominent biotech, life sciences, and pharma commercial entities. Used CPFF, FFP, Labor Hour, and T&M formats.

As in-house counsel assumed all Government and commercial contracts negotiations and reduced outside legal spend from $250,000 to $50,000 in first full year, 2013; total estimated savings of $800,000 in outside legal spend during overall tenure at ABL.

Managed outside counsel in the filing of patent applications for ABL’s gp145 envelope protein, a then-novel, first-in-class product with potential diagnostic, prophylactic, and therapeutic applications in the prevention & treatment of HIV, in 13 jurisdictions, receiving grant of patent in South Africa. Authored & submitted ABL’s Patent License Application to the U.S. Army Medical Research & Materiel Command for exclusive commercial rights to gp145.

Researched and established potential reimbursement strategy, which would require engagement with both domestic & international authorities, i.e., the U.S. Center for Medicare & Medicaid Services (“CMS”) and the World Health Organization (“WHO”), to establish rates of reimbursement for treatment, as well as private sector insurers, and then other quasi-official organizations, the medical billing, coding, auditing, and compliance communities, to establish diagnosis groups by which proposed treatments could be prescribed, administered, charged, and then reimbursed.

Ensured ABL compliance with all prime contract FAR requirements such as Export Controls (“EAR/ITAR”), HIPAA/HITECH ePHI/PHI/PII data privacy, procurement integrity, and biotech/life sciences/pharma GXP (GCP, GLP, and cGMP) standards of performance. Ensured flow-down of the above contract requirements to ABL Subcontractors and Vendors at all tiers.

Prepared & submitted documentation to obtain government approval to consummate ABL’s sale of its in vivo animal services division to BIOQUAL, Inc. in 2014 and structured all insurance and risk management coverages to support acquisition of foreign entities in France in 2016.

Managed leasing, recruiting contracts, and worldwide risk management & insurance. Secured ABL’s recognition as a 2015 Montgomery County Small Business Champion, alongside MedImmune; promoted ABL’s efforts to U.S. Government Small Business Administration and other Government Small Business advocates to avoid/manage risk of liquidated damages for lack of bona fide good faith efforts to engage small business concerns.

The Pew Charitable Trusts; Washington, District of Columbia May ~ December 2012

Senior Manager for Operations Contracts & Finance Services:

Directed full-service Contracts Management activities at headquarters level including overall bid/evaluate/award source selection process followed by management of resulting subcontracts, which were issued either in FFP or T&M formats only.

Co-lead for enterprise-wide strategic initiative to realign & reinvent overall approach to contracts management via incorporation of current best practices & leading-edge thinking.

BAE Systems, Inc.; Arlington, Virginia July 2010 ~ December 2011

Director, Corporate Headquarters Shared Services Human Resources & Functional Procurement:

Managed Human Resources Center of Excellence shared services requirements at corporate headquarters level for Benefits & Pension; Compensation; Employment Policies & Practices; Organizational Development & Learning; Safety, Health & Environment; Shared Services; and Strategic Talent Acquisition; as part of source selection duties awarded Case Management, Knowledge Base, and Web Portal online HR systems to Oracle Systems; negotiated & executed $47 Million outsourced HR Leave Benefits award to CIGNA. All corporate overhead contracts issued in FFP or T&M formats.

Negotiated all intellectual property (“IP”) clauses and conducted IP-related due diligence resulting from corporate transactional agreements to avoid/mitigate risk of infringement of third-party intellectual property rights.

Lockheed Martin Pacific Architects & Engineers; Arlington, Virginia June 2009 ~ July 2010

Procurement, Subcontracts, and Risk Management Manager:

Collected all data and performed price analysis on previously undocumented security subcontracts, which was accepted by the U.S. General Accountability Office. This allowed PAE to ratify all previous security subcontracts and then properly invoice the State Department for unpaid security costs, up to $120 million, eliminating risk of outright loss due to non-payment or recoupment by Government of any balances due to lack of subcontract. Contemporaneously obtained Government’s acceptance of PAE’s Approved Purchasing System. Elimination of these uncertainties increased value of PAE from $450 million to $650 to $700 million prior to Lockheed Martin’s sale of PAE to private equity firm Lindsay Goldberg.

Managed all Procurement & Subcontracts source selection support for Civilian Policing, Construction, and Global Operations & Maintenance lines of business; implemented system of procurement audit & review, establishing Contractor Purchasing System Review (“CPSR”) standard of consistency for all procurements and passing inaugural Lockheed Martin Corporate Risk Management audit prior to DCAA’s acceptance of PAE’s Approved Purchasing System. Used CPFF, FFP, LH, and T&M formats. Ensured compliance with all FAR, Supplemental, and prime contract requirements, especially Defense Base Act (insurance) and Foreign Corrupt Practices requirements.

Member of select Lockheed Martin corporate-level proposal response team that won back $5.0 Billion logistics support services contract with U.S. Special Operations Forces Support Activity.

Marine Corps Recruiting Command; Marine Corps Base Quantico, Virginia February 2007 ~ April 2009

Contracts Counsel & Program Manager for Acquisition & Procurement (Military Active-Duty Recall as U.S Navy O5/Commander):

As a designated Source Selection Official updated & upgraded entire portfolio of contracts, especially Advertising ($750 Million), Applications Software ($17 Million), and IT Services & Support ($8 Million); contracts awarded as CPFF and FFP.

Led negotiation of patent licensing agreement with San Diego Padres for use of Marine Corps digital desert camouflage design and utility patents in a special use jersey; identified unrecognized business process intellectual property rights during contract close-outs.

Awarded Meritorious Service Medal for this period.

Kellogg Brown & Root Government & Infrastructure; Arlington, Virginia October 2005 ~ February 2007

Government Compliance, Procurement & Subcontract Source Selection Management:

Solicited, negotiated, and awarded $77 Million FFP subcontract to Wackenhut Services, Inc. for firefighting & fire prevention services in U.S. bases & facilities throughout Iraq; provided back-up support for award of $125 Million URS EG&G FFP subcontract for vehicle maintenance throughout Iraq, negotiating and obtaining Government contracting officer approvals (“COA”) in advance when Government exercised its prerogative to require COA even though KBR had an Approved Purchasing System.

As part of Compliance group audited and reviewed CONCAP and LOGCAP Subcontracts to maintain Kellogg Brown & Roots’ Approved Purchasing System; helped KBR pass and maintain currency of its Contractor Purchasing System Review qualification for inspection cycle.

Supported KBR General Counsel and outside counsel as Government Contracts Subject Matter Expert in mediation with KBR Middle East subcontractors; performed SOX compliance for procurements prior to KBR initial public offering by Halliburton.

ManTech Security Technologies Corporation; Bethesda, Maryland October 2003 ~ September 2005

Division Counsel & Senior Manager for Contract, Subcontract, Property, and Corporate Governance:

Responsible for negotiation and execution of prime contracts and commercial subcontracts, consultant, mentor-protégé, non-disclosure & teaming agreements, conflict of interest plans, leases, and software licenses. Contracts received from Government and Prime Contractor Clients as CPFF awards; subcontracts issued in CPFF, FFP, LH, and T&M formats.

Negotiated & executed more than 400 non-disclosure and 300 teaming agreements with major corporations including SAIC, Raytheon, General Dynamics, IBM Federal, Parsons Transportation, Parsons Brinckerhoff, Electronic Data Systems, Booz Allen Hamilton, BAE Systems, and Agilent Technologies.

Negotiated and executed $50 Million U.S. Department of State Subcontract with BearingPoint.

Bechtel International Systems, Inc.; Kuwait and Baghdad, Mosul, and Kirkuk, Iraq April ~ August 2003

U.S. Agency for International Development, Iraq Infrastructure Reconstruction Project:

Procurement & Subcontracts Administration Specialist: Performed source selection activities that resulted in award of nationwide Iraqi Staffing Services T&M Subcontract in Baghdad and School Rehabilitation & Reconstruction FFP Subcontracts in Mosul and Kirkuk. Prepared all RFP bid documents for Runway Repaving, Repainting, Restoration, and Special Services/Utilities Buildings Work, Baghdad International Airport.

Bechtel National, Inc.; Hanford, Washington April 2001 ~ March 2003

U.S. Department of Energy (“DOE”), River Protection Project - Waste Treatment Plant:

Solicitation, Award, and Administration of Research & Technology and Technical Services Subcontracts: Bid, evaluated, awarded, and administered CPFF Subcontracts, with emphasis on retention of IP & data rights for U.S. Government (DOE) client.

BNFL (“British Nuclear Fuels, Ltd.”), Inc.; Hanford, Washington October 1999 ~ March 2001

Project Closeout & Terminations Settlement Office:

Intellectual Property Special Project: Contributor in successful effort to convey Intellectual Property Rights for Technical Research ($25 Million) and BNFL Background Intellectual Property ($22 Million) to U.S. DOE.

Legal & Compliance: Compiled legal data and evidence for outside counsel, McKenna & Cuneo (now McKenna Long & Aldridge), to assess BNFL’s vulnerability in case of possible Termination for Default action by DOE. Results presented to BNFL’s executive management and board of directors to establish negotiating position; settled as $251 million Termination for Convenience (“T4C”).

U.S. Department of Energy, River Protection Project - Waste Treatment Plant

Subcontracts: Performed source selections of commercial providers of nuclear decontamination & waste immobilization equipment.

Naval Inventory Control; Mechanicsburg & Philadelphia, Pennsylvania September 1996 ~ September 1999

External Liaison & Project Manager, Contracting Directorate, Office of Policy, Planning & Special Projects (Military Active-Duty Recall as U.S. Navy O4/Lieutenant Commander):

Conceived & implemented recovery of $271 million from active & expired contracts, reorganizing databases and harmonizing accounting classifications to produce data that resulted in visibility of unspent contract balances. Recovered funds recycled into new requirements for overall net impact of $542 Million.

Managed relationships with Lockheed Martin, Boeing, General Electric, Honeywell, Northrop-Grumman, Parker Hannifin, and United Technologies, expanding outreach to operating levels and Defense Contract Management Agency field offices to negotiate & secure release & de-obligation/recovery of previously committed but unspent funds.

Legal Licenses, Professional Certifications, and Awards & Recognition

Qualified Client Accredited Investor.

U.S. Patent & Trademark Office, ID# 61696; District of Columbia Court of Appeals (Government Contracts & Litigation and Intellectual Property Sections), ID# 455618; Appellate Division of the Supreme Court of the State of New York, ID# 2779718; U.S. Court of Appeals for the Federal Circuit; and the U.S. Supreme Court.

Federal Acquisition Certification(s) in Contracting (“FAC-C III”), Contracting Officer’s Representative (“FAC-COR III”), and Program/Project Management (“FAC-P/PM Entry Level”).

DAWIA (“Defense Acquisition Workforce Improvement Act of 1990”) Level III certification in Contracts; Level II in (Bayh-Dole) Science & Technology Management, Facilities Engineering, and Purchasing; and Level I in Program Management and Program Systems Engineering.

Prior Top Secret/SSBI, Secret, and Government Suitability Public Trust clearances.

Completed National Institutes of Health Introduction to the Principles & Practice of Clinical Research and Ethical & Regulatory Aspects of Clinical Research.

Retired Navy (O5) Commander with Meritorious Service, Navy Commendation (2 awards), Joint Service Achievement, and Navy Achievement Medals, and Campaign badges; 100% Specially Disabled Service-Connected Veteran requiring only reasonable accommodation. Both Surface Warfare and Aviation Supply qualified.

Congressional Staff Intern to the Honorable Norman Y. Mineta, M.C. (Ret.), formerly Chairman, House Public Works & Transportation Committee, Secretary of Commerce, and Secretary of Transportation.

Education

Juris Doctor, Temple University Law School Philadelphia, Pennsylvania & Tokyo, Japan

Emphasis on business, commercial, contracts, international, and intellectual property law. Served on Administration, Faculty, and Student Committee to propose & gain establishment of ABA-accredited international legal studies program in Tokyo.

Bachelor of Arts in Economics, Columbia University New York, New York

Augmented major field of study with Chemistry, Physics, and Computer Science. Completed semester of graduate study at School of International & Public Affairs during senior year.

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